Fareed v. The Colombo Fort Land and Building Company Limited – sllr 1981 volume 2 page 064

In Fareed v. The Colombo Fort Land and Building Company Limited, the court considered whether execution of a decree pending appeal was appropriate under the amended Judicature Act, specifically focusing on the discretion exercised by the trial court when permitting a writ of execution and imposing a security deposit. The defendant’s tenancy claim, which would provide protection under the Rent Act, had previously been rejected and that decision affirmed by the Supreme Court. The challenge was reviewed on the basis of whether judicial discretion was properly used and if the defendant’s opposition to execution had any legal merit. The court determined that the lower court’s exercise of discretion was proper and that the defendant’s application for leave to appeal lacked merit. The underlying

REF: sllr 1981 volume 2 page 064 Category: Tag:
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